No love lost in Barrow

The IPKat is rather amused by the dispute between Barrow and Blackburn Borough Councils reported in the North West Evening Mail. On 23 May, Blackburn launched its new logo - a green 'B' with the bottom part of the B elongated so that the logo represented a heart on its side and the word 'Blackburn'. The trouble is, in 17 March Barrow had launched its new logo for its 'Love Barrow' campaign - a pink'B' with the bottom part of the B elongated so that the logo represented a heart on its side and the words 'Love Barrow'.

Barrow is none to pleased and appears to be thinking of infringement action. Unfortunately, it's not clear to the IPKat what that infringement action will be. Here the article takes a turn which IP lawyers won't like too much. Barrow Borough Council's regeneration officer notes that Barrow will have automatic copyright protection but adds that the mark has been registered with the UK Copyright Registration Service. The article goes on to note that there are 'two ways to copyright a trade mark' and notes that it doesn't matter whether the copying is coincidental or not, so long as there are substantial similarities.

The article also records that Barrow paid £140 for their logo, while Blackburn paid £60,000. The designer of Blackburn's logo is recorded as having said "Ours is more wide ranging, and I think looks a lot better.”

The IPKat is appalled at the levels of inaccuracy in this report, particularly since some of the statements seem to have come from a lawyer. He would be very surprised if a council would spend £60,000, only to copy another council's logo. Apart from anything else, the two regions aren't that far apart, and a similar logo would (a) be found out very quickly and (b) wouldn't have the distinctiveness that a good advertising campaign would need.